New Wells Fargo Lawsuit Claims Annoying Phone Calls Were Also Illegal

Plaintiff Lacedric R. has filed one of the latest TCPA lawsuits over annoying phone calls allegedly placed by Wells Fargo Bank.

Lacedric is a citizen and resident of the state of Florida and is an alleged debtor with regard to the relationship between him and Wells Fargo Bank.

The plaintiff alleges in the Wells Fargo robocalls lawsuit that his cellular telephone was contacted approximately 200 times by the creditor in an effort to collect the debt. The lawsuit alleges that these phone calls were in violation of the Telephone Consumer Protection Act due to the unconsented use of an automatic telephone dialing system.

An ATDS is a program or device that produces or stores telephone numbers using a sequential or random number generator. Using an ATDS to contact people without their consent is expressly prohibited under the TCPA.

The plaintiff says that he intends to testify that Wells Fargo Bank used an autodialer because of the sheer volume of annoying phone calls he received in addition to hearing a pause on the line after answering the call but before a voice picked up. The plaintiff alleges that he has instructed the defendants on numerous occasions to stop calling his cellular telephone.

The Telephone Consumer Protection Act was enacted by Congress in 1991 in a response to the growing number of telephone marketing calls made to consumers across the country. Rules were adopted by the FCC in 1992 to implement the TCPA. In 2003 the FCC revised their TCPA rules to create a Do Not Call Registry. Despite the Do Not Call Registry, other violations of TCPA laws can occur.

This is not the first time that Wells Fargo has been featured in litigation involving robocalls. A previously proposed class action lawsuit in California alleged that Wells Fargo made tens of thousands of phone calls without consumers’ consent using an automatic dialing system. That lawsuit seeks restitution for each call allegedly made to consumers.

An ATDS makes it faster for a company’s phone line to cycle through many numbers at once by dialing randomly. When a consumer on the other end of the phone picks up, there’s often a pause as this system waits to connect the call with a customer service representative.

While debt collectors are allowed to reach out to consumers who allegedly owe money, this does not mean they can do so without any restrictions. The TCPA, while it also protects against disruptive marketing phone calls, restricts the use of certain phone systems like an ATDS.

In recent years, more consumers have attempted to hold companies accountable for violations of this law when an ATDS or systems with a pre-recorded voice were used.

If you believe that you have been wrongfully contacted by someone in violation of the TCPA or if you have repeatedly asked someone to discontinue communicating with you after receiving annoying phone calls and they have ignored it, you may have grounds to pursue a lawsuit.

This TCPA Lawsuit is Case No. 2:19-cv-14026-RLR, in the U.S. District Court for the Southern District of Florida, Fort Pierce Division.

Join a Free Wells Fargo Unwanted Cell Phone Calls Class Action Lawsuit Investigation

If you received an unwanted cell phone call from Wells Fargo, even though you have no prior affiliation with that bank, you may qualify to join a Wells Fargo unwanted cell phone calls class action investigation. Some of the topics of the unwanted Wells Fargo calls may include:

• Auto Loans
• Home Loans
• Student Loans
• Checking Accounts
• Savings Accounts

Learn More